In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter?

Nova Scotia, Canada


The following excerpt is from Westhaver v Swinemar, 2017 NSCA 16 (CanLII):

This Court has consistently stressed the need to show deference to application judges in family law matters. In the absence of some error of law, misapprehension of the evidence or an award that is so clearly wrong on the facts, we will not intervene. Judges must be given considerable deference by appellate courts when their decisions are reviewed (Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, ΒΆ10-12).

Other Questions


In what circumstances will a judge at the Court of Appeal review a support order? (Ontario, Canada)
Does the Court have any authority to overturn an order by a judge in a family law matter? (Nova Scotia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
In what circumstances will a judge at the Court of Appeal accept responsibility for differing as to the credibility of the witnesses at the Appeal Court? (Saskatchewan, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
When will a court in Abu Dhabi, in what circumstances will the court order that a family member of A.N.V. must travel to Dubai to receive independent evidence? (Ontario, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
What are the reasons for a judge's decision to grant an application to overturn an order that would have prevented the application from being heard on an appeal? (Ontario, Canada)
What is the current state of the law on s. 15(1) of the BC Family Law Act, allowing the court to order an investigation into a family matter? (British Columbia, Canada)
In what circumstances will the Court of Appeal award an elevated cost award? (Ontario, Canada)